Complaints & Warranty

Rights of faulty execution

1. The Seller confirms to the Buyer that the products do not have any faults during take over. Above all, the Seller confirms to the Seller, that during when the Buyer takes over products:
– Products have attributes that were agreed between both parties, and if agreement is missing, products have attributes which the Seller or manufacturer stated or attributes which the Buyer was expecting considering the nature of products and based on the made advertisement,
– Products are suitable for purposes which are stated by the Seller or for purposes which are common for this type of products,
– Products match quality or rendition of contracted samples or models, if quality or rendition has been chosen by contracted sample or model,
– Products are in corresponding amounts, measurements or weight and products conforms the relevant requirements of the legislation.

2. The Seller’s obligations from faulty execution are at least in such extension, to the measures of the manufacturer’s obligations. Otherwise, the Buyer can rightfully execute their rights from faults which occurred in consuming products within twenty four months since retrieving it.

3. If selling products, its packaging, its enclosed instructions or in advertisement in accordance with other legislations states period during which products can be used, provisions for warranty of quality are used. With the warranty of quality, the Seller pledges that products will be eligible for general use or will remain general characteristics for determined period. If the Seller rightfully rebukes to the Buyer faultiness of products, the period for exercise of rights of faulty execution neither warranty period until which the Buyer cannot use the faulty products is not applicable.

4. Provisions stated in previous paragraph of Business Conditions does not apply on products that are sold for lower price for damage, for which the lower price was concluded, on wear on products acquired during general use, on used products for damage corresponding the extent of use or wear which products had during retrieval by the Buyer, or from the implied nature of products. Rights of faulty execution does not pertain to the Buyer if they knew prior retrieval of products, that the products have faults or if the fault was caused solely by the Buyer.

5. In case of discovering faults, the Buyer can submit objection and claim:
– Exchange for new products
– Repair of products
– Fair discount from Purchase Price
– Termination of contract

6. The Buyer has right to terminate contract:
– If products have significant fault
– If products cannot be properly used due to repeated discovery of faults or faults after repair
– If products have higher amount of faults

7. Substantial violation of contract is defined as if one side during concluding of contract was knowingly or unknowingly violating the contract, resulting that the other side would not conclude the contract if they were expecting this violation.

8. With fault that mean irrelevant violation of contract (regardless of if it is removable or unremovable fault), the Buyer has right for removing of the fault or fair discount from Purchase Price.

9. If removable fault is discovered after repeated repair (generally third objection for the same fault or fourth objection for different faults) or products have higher number of faults (ordinarily at least 3 faults at the same time), the Buyer has right to claim discount from the Purchase Price, exchange of products or termination of contract.

10. During objection claim, the Buyer is obliged to inform the Seller of which right they are exercising. Change of claim without approval of the Seller is possible only if the Buyer requested repair of fault which has been discovered to be unremovable. If the Buyer does not choose their right of substantial contract violation in time, the Buyer has the same rights as if during irrelevant contract violation.

11. If repair or exchange of products is not possible, based on contract termination, the Buyer can claim refund of Purchase Price in full amount.

12. If the Seller proves that the Buyer knew of product fault or has caused it during retrieval of products, the Seller is not obliged to agree with the Buyer’s claim.

13. The Buyer is unable to return discounted products due to reasons for which they were discounted.

14. The Seller is obliged to receive objection in any branch, in which the objection receival is possible, prospectively even at residency or business address. The Seller is obliged to provide written confirmation to the Buyer, when the Buyer claimed the right which is the content of objection and which solution of objection the Buyer has chosen, also confirmation of date and means of resolving the objection, including confirmation of executed delivery and its duration, prospectively written justification of declining the objection.

15. The Seller or by them authorized employee will decide of the objection immediately, in complex cases up to 3 business days. Befitting period necessary for professional investigation of faults depending on the type of product or service is not included in this period. Objection including removal of fault must be resolved without any delay, no longer than 14 days since assertion of objection, unless the Buyer and the Seller has agreed on longer period. Vain expiry of this period is considered substantial violation of contract and the Buyer has the right to terminate the purchasing contract. The moment for objection assertion is defined as soon as the Buyer exhibits will (exercise of rights from faulty execution) towards the Seller.

16. The Seller will inform the Buyer about the result of the objection by written communication.

17. The right of faulty execution does not pertain to the Buyer, if the Buyer prior the retrieval of products knew that the product has faults or if the Buyer has solely caused the faults.

18. In case of rightful objection, the Buyer has the right for recompensation of objectively spent costs created with relations of exercising objection. This right can be exercised by the Buyer with the Seller during one month period after expiry of warranty period, in opposite case, the court does not need to admit.

19. The Seller has the option for means of objection.

20. Rights and obligations contracted parties concerning rights of faulty execution follow paragraph 1914 to 1925, paragraph 2099 to 2117 and paragraph 2161 to 2174 of Civil Code and Law no. 634/1992 Coll., of protection of consumer.
21. Other rights and obligations of parties relating with responsibilities of the Seller for faults are regulated by objection order of the Seller.